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27 May 2008, 4:13 am
J.).Judge Shadur dismissed plaintiff's copyright infringement case for lack of subject matter jurisdiction. [read post]
5 Dec 2008, 12:15 pm
"In this instance the court found that the Town Board's determination that Kaufman was guilty of the specified acts of misconduct was supported by substantial evidence.In addition, said the court, "[a]n administrative penalty must be upheld unless it is so disproportionate to the offense as to be shocking to one's sense of fairness,' thus constituting an abuse of discretion as a matter of law," citing Kreisler v New York City Transit… [read post]
7 Sep 2022, 3:22 am
§ 1125(c)(3)(C), thus barring as a matter of law a claim of dilution by tarnishment under the Trademark Dilution Revision Act.Jack Daniel's argues that the petition should be granted because (1) the Courts of Appeals are divided on the Questions Presented, (2) the Questions Presented Are recurring, important, and squarely presented, and (3) the decision below is egregiously wrong. [read post]
21 Jan 2014, 4:00 am by The Public Employment Law Press
"In this instance, explained the court, the arbitrator’s awards providing the three individuals with benefits pursuant to General Municipal Law §207-c were indefinite or nonfinal for purposes of CPLR§7511 “as they did not address whether each Officer sustained a disability. [read post]
12 Apr 2015, 8:15 pm
Just as I was contemplating topics for Library Week,  I had a chance to review a 2014 study which provided at least of one perspective on “Why Libraries Still Matter. [read post]
11 Jul 2011, 3:00 am by Larry Bodine
This post was originally written by Tim Baran and published on the Legal Productivity blog, created and maintained by Rocket Matter, (c) 2011. [read post]
12 Dec 2022, 2:57 pm by Jonathan H. Adler
The Administrative Procedure Act ("APA") enshrines this principle by explicitly withholding judicial review of matters "committed to agency discretion by law. [read post]
31 Jan 2024, 7:07 am by Daniel M. Kowalski
Nevertheless, the Second Circuit upheld the BIA’s decision not to grant administrative closure under Matter of Castro-Tum in Garcia v. [read post]
21 May 2013, 11:29 am by LindaMBeale
Related articles Useful information on 501(c)(4)s and 527s and the IRS's scrutiny dilemma Leo W. [read post]
This has been further compounded by the CJEU’s recent decision in Royalty Pharma (C-650/17), in which the “core inventive advance” of the basic patent was effectively found to have no relevance in the context of Article 3(a) of the SPC Regulation (as previously reported on this blog), prompting the question whether this would necessitate a reassessment of the CJEU’s prior case law on Article 3(c). [read post]